People v. Barnwell
Appellate Court of Illinois
In error to the Circuit Court of Union County; the Hon. Egbert W. McCartney, Judge, presiding. A declaration was filed in the Circuit Court of Hnion County against the defendants in error on the bond of Edward M. Barnwell, as clerk of the Circuit Court of that county, which bond is as follows: “ Know all men by these presents, that we, Edward M. Barnwell as principal, and John Holshouser, Frank Hoibauer, Joseph C. Lintz and Lather Bruce as securities, all of the county of…
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In error to the Circuit Court of Union County; the Hon. Egbert W. McCartney, Judge, presiding. A declaration was filed in the Circuit Court of Hnion County against the defendants in error on the bond of Edward M. Barnwell, as clerk of the Circuit Court of that county, which bond is as follows: “ Know all men by these presents, that we, Edward M. Barnwell as principal, and John Holshouser, Frank Hoibauer, Joseph C. Lintz and Lather Bruce as securities, all of the county of Hnion and State of Illinois, are held and firmly bound unto the people of the State of Illinois, in the penal sum of…
1Opinion of the CourtPhillips, P. J.
The omission of the word “Court” after the word “ Circuit” in the condition of the bond, does not affect the validity of the bond, nor render it other than a statutory bond. The words, “ elected clerk of the circuit in and for the county of Union,” can only mean elected clerk of the Circuit Court in and for the county of Union. The omission of the words, “ that may come to his hands by virtue of his office to the parties,” is the only other omission that causes the bond not to be in strict compliance with the provisions of Sec. 4, Chap. 25, Starr & C. Ill. Stats. The condition of. the bond,…
2Cases cited4 opinions
- Hibbard v. McKindleyIllinois Supreme Court · 1862
- Schill v. ReisdorfIllinois Supreme Court · 1878
- Magner v. KnowlesIllinois Supreme Court · 1873
- Affeld v. PeopleAppellate Court of Illinois · 1883
3Cited by2 opinions
- State ex rel. Board of Commissioners v. FlynnIndiana Supreme Court · 1903
- Weisenborn v. PeopleAppellate Court of Illinois · 1894